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Pitfalls for the Unwary Borrower Out on the Frontiers of Banking

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Peer-to-peer lending startups are not very well regulated, and can lead to bankruptcy if used without strict discipline.

I wonder why they aren't regulated more. Have lawmakers just not caught up?

One complaint among some borrowers and consumer lawyers is the way certain companies collect loan payments.

In signing up for loans from Prosper — one of the largest marketplace lenders — borrowers must allow the company direct access to their bank accounts so it can electronically deduct loan payments. Banks and credit card companies offer electronic withdrawals as an option, but they do not always require them.

Moody’s noted in a report this year about Prosper that theautomatic withdrawals made it more likely that “strapped borrowers” would pay their marketplace loans ahead of other expenses.

Prosper says that is not the reason for the electronic withdrawals. The company says having access to borrowers’ bank accounts allows the company to deposit the loan funds quickly and allows borrowers to make loan payments conveniently.

A spokeswoman for Prosper, Sarah Cain, said borrowers could contact the company to stop the electronic bank withdrawals. But Prosper needs to update its website to reflect that borrowers can pay by personal check, she said.

The lenders’ technological efficiency can also have a dark side.

New Innovative Products, a maker of specialty carrying cases in North Carolina, borrowed $70,000 in December from OnDeck, an online lender whose largest shareholders include a venture capital unit affiliated with Google. OnDeck was allowed to withdraw $604 from the company’s bank account each day.

But OnDeck crossed the line, according to a bankruptcy judge, when it kept collecting payments after being informed multiple times that the company had filed for Chapter 11 bankruptcy protection. In July, a bankruptcy judge imposed sanctions on OnDeck and ordered the lender to return the money.

Last month, OnDeck was chided by a different judge for taking cash from Wayco Ham, a company in Goldsboro, N.C., that cures and sells hams and that also filed for bankruptcy protection. After its filing, Wayco Ham opened a new bank account.

In a move the judge called “particularly willful and malicious,” OnDeck tapped Wayco Ham’s new bank account and took out the loan payments. The bankruptcy judge had not granted permission to OnDeck for access to the new account, according to court documents.

In a statement, OnDeck said: “We are taking all corrective actions to rectify the situation, including complying with the court and making any required payments. Additionally, we have instituted further internal process improvements and controls to prevent such lapses in the future.”

When borrowers sign up for a Lending Club loan, it defaults to automatic bank withdrawals. The Lending Club website informs borrowers that they can opt out of the electronic withdrawals by either calling or emailing the company, but they have to pay a $7 processing fee for each paper check.

“It is more cost-efficient for us, and we pass those savings along to borrowers,” Renaud Laplanche, the chief executive of Lending Club, said of the automatic withdrawals.

Some borrowers like Mr. Mansour said they ended up closing their bank accounts because they thought it was the only way to stop the lenders from taking out the money.

“It can lead to people feeling trapped,” said Peter Barker-Huelster, a lawyer at MFY Legal Services in New York, who has advised clients with marketplace loans. “They don’t approach the lender to work out a lower payment because they think there is no way around it.”

Although the $12 billion in marketplace loans issued last year represents only a fraction of the overall consumer and small-business lending market, the industry has all the ingredients to become systemically significant.

Marketplace lenders say the loans often help borrowers straighten out their finances and improve their credit scores.

Lending Club’s proportion of bad loans is generally in line with credit card losses at many other banks. The company says most of its borrowers have good credit scores and low debt-to-income levels. And the company says its surveys show that the vast majority of its customers have positive experiences with their loans, which carry an average interest rate of 11.25 percent, compared with the average credit card interest rate of about 15 percent.

Credit cards are an apt comparison to marketplace loans because both are unsecured forms of credit, unlike mortgage or car loans, which are backed by real assets.

Lending Club, one of the few marketplace lenders that are public, was founded in 2006 by Mr. Laplanche.

A French-born lawyer, Mr. Laplanche was inspired to start Lending Club after seeing how little banks paid people to deposit their money and how much those same banks charged to lend. “We wanted to lower the spread,” he said.

The industry’s nonbank qualities appealed to Eric Kim, 33, who lives outside San Francisco.

“I liked that it wasn’t a bank,” said Mr. Kim, who took out a $21,000 loan from Lending Club with a roughly 9 percent interest rate to clear out his credit card debt.

“It felt more like people helping people,” he said, “not some multibillion-dollar conglomerate.”

Lending Club says most of its borrowers, like Mr. Kim, indicate they are using their loans to pay down credit cards.

Mr. Kim prefers that his payments are automatically deducted from his bank account every month because it forces him to stay on a budget.

“It adds a level of responsibility, and I don’t have to monitor it,” said Mr. Kim, who works in operations for a large retail company.

At first, a marketplace loan also seemed like a great idea to Vella Parker, 59, a lab technician who is out of work on disability. She could roll up thousands of dollars of debt from her five credit cards into one Lending Club loan and pay a lower interest rate.

But instead of paying off her credit cards, she spent much of her $8,375 loan to keep up with everyday expenses, including health insurance co-payments and taxis to her doctor’s visits.

“I fell into the same trap as before,” said Ms. Parker, who lives in the Bronx and had a previous bankruptcy.

Her $288 monthly loan payment was far more than she had to pay each month as a minimum payment on her credit cards. She stopped making her payments.

Lisa Giordano’s payments to Lending Club were even larger, about $740 a month. Unable to persuade the company to grant her a permanent loan modification, she stopped making her payments last year.

Ms. Parker’s lawyer, Charles Juntikka, said an increasing number of his bankruptcy clients had marketplace loans. “Up until a few months ago, I had never heard of these companies,” he said.

Lending Club said it tries to work with struggling borrowers, including Ms. Giordano, who lives in Brooklyn. But it is also obligated to investors to honor the terms of their investments.

“By and large, our borrowers are using us responsibly,” Mr. Laplanche said. “Some people will make bad decisions or they are in a situation where they will have to make bad decisions.”

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